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Missouri Senate Bill SB50

Missouri 2025 Regular Session

Missouri Senate Bill SB50 Compare Versions

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22 EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
33 and is intended to be omitted in the law.
44 FIRST REGULAR SESSION
5-[PERFECTED]
6-SENATE SUBSTITUTE FOR
75 SENATE BILL NO. 50
86 103RD GENERAL ASSEMBLY
97 INTRODUCED BY SENATOR BLACK.
10-0618S.02P KRISTINA MARTIN, Secretary
8+0618S.01I KRISTINA MARTIN, Secretary
119 AN ACT
1210 To repeal sections 221.105, 221.400, 221.402, 221.405, 221.407, and 221.410, RSMo, and to enact
13-in lieu thereof ten new sections relating to jails, with an emergency clause for certain
11+in lieu thereof eight new sections relating to jails, with an emergency clause for certain
1412 sections.
1513
1614 Be it enacted by the General Assembly of the State of Missouri, as follows:
1715 Section A. Sections 221.105, 221.400, 221.402, 221.405, 1
18-221.407, and 221.410, RSMo, are repealed and ten new sections 2
16+221.407, and 221.410, RSMo, are repealed and eight new sections 2
1917 enacted in lieu thereof, to be known as sections 217.451, 3
20-221.108, 221.400, 221.402, 221.405, 221.407, 221.410, 221.520, 4
21-221.523, and 550.320, to read as follows:5
18+221.108, 221.400, 221.402, 221.405, 221.407, 221.410, and 4
19+550.320, to read as follows:5
2220 217.451. 1. Correctional centers shall provide 1
2321 offenders with reasonable access to phone services during an 2
24-offender's term of confinement, except phone access may be 3
25-restricted as a disciplinary measure. 4
22+offender's term of confinement; provided that, phone access 3
23+may be restricted as a disciplinary measure. 4
2624 2. No correctional center or other party shall charge 5
2725 an offender in a correctional center a total amount for a 6
2826 domestic phone call, including fees and any per -minute rate, 7
2927 that exceeds the equivalent of twelve cents per minute. 8
3028 221.108. 1. Jails shall provide inmates with 1
3129 reasonable access to phone services during an inmate's term 2
32-of confinement, except phone access may be restricted as a 3
33-disciplinary measure. 4 SS SB 50 2
30+of confinement; provided that, phone access may be 3
31+restricted as a disciplinary measure. 4
3432 2. No jail or other party shall charge an inmate in a 5
35-jail a total amount for a domestic phone call, including 6
33+jail a total amount for a domestic phone call, including 6 SB 50 2
3634 fees and any per-minute rate, that exceeds the equivalent of 7
3735 twelve cents per minute. 8
3836 221.400. 1. Any two or more contiguous counties 1
3937 within the state may form an agreement to establish a 2
4038 regional jail district. The district shall have a boundary 3
4139 which includes the areas within each member county, and it 4
4240 shall be named the "______ Regional Jail District". Such 5
4341 regional jail districts may contract to carry out the 6
4442 mission of the commission and the regional jail district. 7
4543 2. The county commission of each county desiring to 8
4644 join the district shall approve an ordinance , order, or 9
4745 resolution to join the district and shall approve the 10
4846 agreement which specifies the duties of each county within 11
4947 the district. 12
5048 3. If any county wishes to join a district which has 13
5149 already been established under this section, the agreement 14
5250 shall be rewritten and reapproved by each member county. If 15
5351 the district already levies a sales tax pursuant to section 16
5452 221.407, the county desiring to join shall have approved the 17
5553 levy of the district sales ta x in the county pursuant to 18
5654 subsection 3 of section 221.407, and the rewritten agreement 19
5755 shall be provided. 20
5856 4. The agreement which specifies the duties of each 21
5957 county shall contain the following: 22
6058 (1) The name of the district; 23
6159 (2) The names of the counties within the district; 24
6260 (3) The formula for calculating each county's 25
63-contribution to the costs of the district; 26 SS SB 50 3
61+contribution to the costs of the district; 26
6462 (4) The types of prisoners which the regional jail may 27
6563 house, limited to prisoners which may be transferred to 28
66-counties under state law; 29
64+counties under state law; 29 SB 50 3
6765 (5) The methods and powers which may be used for 30
6866 constructing, leasing or financing a regional jail; 31
6967 (6) The duties of the director of the regional jail; 32
7068 (7) The timing and procedures for approval of the 33
7169 regional jail district's annual budget by the regional jail 34
7270 commission; and 35
7371 (8) The delegation, if any, by the member counties to 36
7472 the regional jail district of the power of eminent domain. 37
7573 5. Any county, city, town or village may contract with 38
7674 a regional jail commission for the holding of its prisoners. 39
7775 221.402. In addition to the powers granted to the 1
7876 district by its member counties under the agreement, the 2
7977 district has all the powers necessary or appropriate to 3
8078 carry out its purposes, including, but not limited to, the 4
8179 following: 5
8280 (1) To adopt bylaws and rules for the regulation of 6
8381 its affairs and the conduct of its business; 7
8482 (2) To adopt an official seal; 8
8583 (3) To maintain an office at such place or places in 9
8684 one or more of the member counties as the commission may 10
8785 designate; 11
8886 (4) To sue and be sued; 12
8987 (5) To make and execute leases, contracts, releases, 13
9088 compromises and other instruments necessary or convenient 14
9189 for the exercise of its powers or to carry out its purposes; 15
9290 (6) To acquire, construct, reconstruct, repair, alter, 16
9391 improve, [and] equip, extend, and maintain jail facilities; 17
9492 (7) To sell, lease, assign, mortgage, grant a security 18
95-interest in, exchange, donate and convey any or all of its 19 SS SB 50 4
93+interest in, exchange, donate and convey any or all of its 19
9694 properties whenever the commission finds such action to be 20
97-in furtherance of the district's purposes; 21
95+in furtherance of the district's purposes; 21 SB 50 4
9896 (8) To collect rentals, fees and other charges in 22
9997 connection with its services or for the use of any 23
10098 facilities; 24
10199 (9) To issue its bonds, notes or other obligations for 25
102100 any of its corporate purposes and to refund the same. 26
103101 221.405. 1. Any regional jail district created 1
104102 pursuant to section 221.400 shall be governed by a 2
105103 commission. The commission shall b e composed of the sheriff 3
106104 and presiding commissioner from each county within the 4
107105 district. 5
108106 2. Each commissioner shall serve during his tenure as 6
109107 sheriff or as presiding commissioner. 7
110108 3. Commissioners shall serve until their successors in 8
111109 their county offices have [been duly appointed] assumed 9
112110 office. Vacancies on the commission shall be filled by the 10
113111 succeeding sheriff or presiding commissioner for the 11
114112 remainder of the term. 12
115113 4. Commissioners shall serve without compensation, 13
116114 except that they shall be reimbursed by the district for 14
117115 their reasonable and necessary expenses in the performance 15
118116 of their duties. 16
119117 5. A jail commissioner from each county in the 17
120118 district shall present a proposed budget to the county 18
121119 commission. 19
122120 221.407. 1. The commission of any regional jail 1
123121 district may impose, by order, a sales tax in the amount of 2
124122 [one-eighth of] up to one percent[, one-fourth of one 3
125123 percent, three-eighths of one percent, or one -half of one 4
126124 percent] on all retail sales made in such region which are 5
127-subject to taxation pursuant to the provisions of sections 6 SS SB 50 5
125+subject to taxation pursuant to the provisions of sections 6
128126 144.010 to 144.525 for the purpose of providing jail 7
129-services [and court], facilities, and equipment for such 8
127+services [and court], facilities, and equipment for such 8 SB 50 5
130128 region. The tax authorized by thi s section shall be in 9
131129 addition to any and all other sales taxes allowed by law, 10
132130 except that no order imposing a sales tax pursuant to this 11
133131 section shall be effective unless the commission submits to 12
134132 the voters of the district, on any election date auth orized 13
135133 in chapter 115, a proposal to authorize the commission to 14
136134 impose a tax. 15
137135 2. The ballot of submission shall contain, but need 16
138136 not be limited to, the following language: 17
139137 If a majority of the votes cast on the proposal by the 28
140138 qualified voters of the district voting thereon are in favor 29
141139 of the proposal, then the order and any amendment to such 30
142140 order shall be in effect on the first day of the second 31
143141 quarter immediately following the election approving the 32
144142 proposal. If the proposal receives less than the required 33
145143 majority, the commission shall have no power to impose the 34
146144 sales tax authorized pursuant to this section unless and 35
147145 until the commission shall again have submitted another 36
148146 proposal to authorize the commission to impos e the sales tax 37
147+authorized by this section and such proposal is approved by 38
148+the [required] majority of the qualified voters of the 39
149149 18
150150 19
151151 20
152152 21
153153 22
154154 Shall the ______________ (District name) regional
155155 jail district [of ______ (counties' names) ] impose
156156 a region-wide sales tax of ______ (insert amount)
157157 for the purpose of providing jail services [and
158158 court], facilities, and equipment for the region?
159159
160160 23 □ YES □ NO
161161 24
162162 25
163163 26
164164 27
165165 If you are in favor of the question, place an "X"
166166 in the box opposite "YES". If you are opposed to
167167 the question, place an "X" in the box opposite
168168 "NO".
169- SS SB 50 6
170-authorized by this section and such proposal is approved by 38
171-the [required] majority of the qualified voters of the 39
169+ SB 50 6
172170 district voting on such proposal [; however, in no event 40
173171 shall a proposal pursuant to this section be submitted to 41
174172 the voters sooner than twelve months from the date of the 42
175173 last submission of a proposal pursuant to this section ]. 43
176174 3. In the case of a county attempting to join an 44
177175 existing district that levies a sales tax pursuant to 45
178176 subsection 1 of this section, such joining with the district 46
179177 shall not become effective until the approval of the voters 47
180178 to levy the district sales tax in the county attempting to 48
181179 join the district has been obtained. The election shall be 49
182180 called by the county commission of the county a ttempting to 50
183181 join the district, and the district shall by ordinance or 51
184182 order provide that the sales tax shall be levied in the 52
185183 joining county, subject to approval of the county voters as 53
186184 herein provided. The ballot of submission shall contain, 54
187185 but need not be limited to, the following language: 55
188186 If a majority of the votes cast on the proposal by the 67
189187 qualified voters of the cou nty attempting to join the 68
190188 district voting thereon are in favor of the proposal, then 69
189+the tax shall be in effect on the first day of the second 70
190+quarter immediately following the election approving the 71
191191 56
192192 57
193193 58
194194 59
195195 60
196196 61
197197 Shall the ______________ (District name) extend
198198 its regional jail district sales tax of __________
199199 (insert amount) to the boundaries of ________
200200 (name of joining coun ty) for the purpose of
201201 providing jail services, facilities, and equipment
202202 for the region?
203203
204204 62 □ YES □ NO
205205 63
206206 64
207207 65
208208 66
209209 If you are in favor of the question, place an "X"
210210 in the box opposite "YES". If you are opposed to
211211 the question, place an "X" in the box opposite
212212 "NO".
213- SS SB 50 7
214-the tax shall be in effect on the first day of the second 70
215-quarter immediately following the election approving the 71
213+ SB 50 7
216214 proposal, the county shall have been deemed to have joined 72
217215 the district pursuant to a rewritten agreement as provided 73
218216 in subsection 3 of section 221.400, and the order of the 74
219217 commission levying the tax shall also become effective as to 75
220218 the joining county on said date. If the proposal receives 76
221219 less than the required majority, the district shall have no 77
222220 power to impose the sales tax authorized pursuant to this 78
223221 section, and the county attempting to join the district 79
224222 shall not be permitted to do so, unless and until the county 80
225223 commission of the county attempting to join the district 81
226224 shall again have submitted another proposal to authorize the 82
227225 imposition of the sales tax authorized by this section and 83
228226 such proposal is approved by the majority of the qualified 84
229227 voters of the county attempting to join the district voting 85
230228 on such proposal. 86
231229 4. All revenue received by a district from the tax 87
232230 authorized pursuant to this section shall be deposited in a 88
233231 special trust fund and shall be used solely for providing 89
234-jail services [and court], facilities, and equipment for 90
235-such district for so long as the tax shall remain in effect. 91
232+jail services [and court], facilities and equipment for such 90
233+district for so long as the tax shall remain in effect. 91
236234 [4.] 5. Once the tax authorized by this section is 92
237235 abolished or terminated by any means, all funds remaining in 93
238236 the special trust fund shall be used solely for providing 94
239-jail services [and court], facilities, and equipment for the 95
237+jail services [and court], facilities and equipment for the 95
240238 district. Any funds in such special trust fund which are 96
241239 not needed for current expenditures may be invested by the 97
242240 commission in accordance with applicable laws relating to 98
243241 the investment of other county funds. 99
244242 [5.] 6. All sales taxes collected by the director of 100
245-revenue pursuant to this section on behalf of any district, 101 SS SB 50 8
243+revenue pursuant to this section on behalf of any district, 101
246244 less one percent for cost of collection which shall be 102
247-deposited in the state's general revenue fund after pa yment 103
245+deposited in the state's general revenue fund after paym ent 103 SB 50 8
248246 of premiums for surety bonds as provided in section 32.087, 104
249247 shall be deposited in a special trust fund, which is hereby 105
250248 created, to be known as the "Regional Jail District Sales 106
251249 Tax Trust Fund". The moneys in the regional jail district 107
252250 sales tax trust fund shall not be deemed to be state funds 108
253251 and shall not be commingled with any funds of the state. 109
254252 The director of revenue shall keep accurate records of the 110
255253 amount of money in the trust fund which was collected in 111
256254 each district imposing a sale s tax pursuant to this section, 112
257255 and the records shall be open to the inspection of officers 113
258256 of each member county and the public. Not later than the 114
259257 tenth day of each month the director of revenue shall 115
260258 distribute all moneys deposited in the trust fun d during the 116
261259 preceding month to the district which levied the tax. Such 117
262260 funds shall be deposited with the treasurer of each such 118
263261 district, and all expenditures of funds arising from the 119
264262 regional jail district sales tax trust fund shall be paid 120
265263 pursuant to an appropriation adopted by the commission and 121
266264 shall be approved by the commission. Expenditures may be 122
267265 made from the fund for any [function authorized in the order 123
268266 adopted by the commission submitting the regional jail 124
269267 district tax to the voter s] of the district's authorized 125
270268 purposes. 126
271269 [6.] 7. The director of revenue may make refunds from 127
272270 the amounts in the trust fund and credited to any district 128
273271 for erroneous payments and overpayments made, and may redeem 129
274272 dishonored checks and drafts d eposited to the credit of such 130
275273 districts. If any district abolishes the tax, the 131
276274 commission shall notify the director of revenue of the 132
277-action at least ninety days prior to the effective date of 133 SS SB 50 9
275+action at least ninety days prior to the effective date of 133
278276 the repeal, and the director of revenue may order retent ion 134
279-in the trust fund, for a period of one year, of two percent 135
277+in the trust fund, for a period of one year, of two percent 135 SB 50 9
280278 of the amount collected after receipt of such notice to 136
281279 cover possible refunds or overpayment of the tax and to 137
282280 redeem dishonored checks and drafts deposited to the credit 138
283281 of such accounts. After one year has elapsed after the 139
284282 effective date of abolition of the tax in such district, the 140
285283 director of revenue shall remit the balance in the account 141
286284 to the district and close the account of that district. The 142
287285 director of revenue shall noti fy each district in each 143
288286 instance of any amount refunded or any check redeemed from 144
289287 receipts due the district. 145
290288 [7.] 8. Except as provided in this section, all 146
291289 provisions of sections 32.085 and 32.087 shall apply to the 147
292290 tax imposed pursuant to thi s section. 148
293291 [8. The provisions of this section shall expire 149
294292 September 30, 2028.] 150
295293 221.410. Except as provided in sections 221.400 to 1
296294 221.420 the regional jail commission shall have the 2
297295 following powers and duties: 3
298296 (1) It shall implement the agreement approved by the 4
299297 counties within the district under section 221.400; 5
300298 (2) It shall determine the means to establish a 6
301299 regional jail for the district; 7
302300 (3) It shall appoint a director for the regional jail; 8
303301 (4) It shall determine the initial budget for the 9
304302 regional jail and shall approve, after a review and a 10
305303 majority of the commissioners concurring therein, all 11
306304 subsequent budgets, for which proposals may be submitted by 12
307305 the director; 13
308306 (5) It may determine the policies for the housing of 14
309-prisoners within the regional jail; 15 SS SB 50 10
307+prisoners within the regional jail; 15
310308 (6) It may buy, lease or sell real or personal 16
311-property for the purpose of establishing and maintaining a 17
309+property for the purpose of establishing and maintaining a 17 SB 50 10
312310 regional jail, and it may contract with public or private 18
313311 entities [for the planning and acquisition of a ] to acquire, 19
314312 construct, reconstruct, repair, alter, improve, equip, and 20
315313 extend a regional jail; 21
316314 (7) It may contract with [the department of 22
317315 corrections and with cities and other counties in this 23
318316 state] governmental entities, including, without limitation, 24
319317 agencies and instrumentalities thereof, or private entities 25
320318 for the housing of prisoners; 26
321319 (8) It shall approve all positions to be created for 27
322320 the purpose of administering the regional jail; and 28
323321 (9) It shall approve a location for the regional jail 29
324322 which is [generally central to ] within the district. 30
325- 221.520. 1. As used in this section, the following 1
323+ 550.320. 1. As used in this section, the following 1
326324 terms shall mean: 2
327- (1) "Extraordinary circumstance", a substantial flight 3
328-risk or some other extraordinary medical or security 4
329-circumstance that dictates restraints be used to ensure the 5
330-safety and security of a pregnant offender in her third 6
331-trimester or a postpartum offender within forty -eight hours 7
332-postdelivery, the staff of the county or city jail or 8
333-medical facility, other offenders, or the public; 9
334- (2) "Labor", the period of time before a birth during 10
335-which contractions are present; 11
336- (3) "Postpartum", the period of recovery immediately 12
337-following childbirth, which is six weeks for a vaginal birth 13
338-or eight weeks for a cesarean birth, or longer if so 14
339-determined by a physician or nurse; 15 SS SB 50 11
340- (4) "Restraints", any physical restraint or other 16
341-device used to control the movement of a person's body or 17
342-limbs. 18
343- 2. Pregnant offenders shall be transported in vehicles 19
344-equipped with seatbelts. 20
345- 3. In the event a sheriff or jailer determines that 21
346-extraordinary circumstances exist and restraints are 22
347-necessary, the sheriff or jailer shall fully docu ment in 23
348-writing within forty -eight hours of the incident the reasons 24
349-he or she determined such extraordinary circumstances 25
350-existed, the type of restraints used, and the reasons those 26
351-restraints were considered the least restrictive available 27
352-and the most reasonable under the circumstances. Such 28
353-documents shall be kept on file by the county or city jail 29
354-for at least five years from the date the restraints were 30
355-used. 31
356- 4. The county or city jail shall: 32
357- (1) Ensure that employees of the jail are provided 33
358-with training, which may include online training, on the 34
359-provisions of this section; and 35
360- (2) Inform female offenders, in writing and orally, of 36
361-any policies and practices developed in accordance with this 37
362-section upon admission to t he jail, and post the policies 38
363-and practices in locations in the jail where such notices 39
364-are commonly posted and will be seen by female offenders. 40
365- 221.523. 1. By January 1, 2026, all county and city 1
366-jails shall develop specific proc edures for the intake and 2
367-care of offenders who are pregnant, which shall include 3
368-procedures regarding: 4
369- (1) Maternal health evaluations; 5
370- (2) Dietary supplements, including prenatal vitamins; 6 SS SB 50 12
371- (3) Timely and regular nutritious meals, whic h shall 7
372-include, at minimum, thirty -two ounces of milk or a calcium 8
373-supplement if lactose intolerant, two cups of fresh fruit, 9
374-and two cups of fresh vegetables daily; 10
375- (4) Substance abuse treatment; 11
376- (5) Treatment for the human immunodeficienc y virus and 12
377-ways to avoid human immunodeficiency virus transmission; 13
378- (6) Hepatitis C; 14
379- (7) Sleeping arrangements for such offenders, 15
380-including requiring such offenders to sleep on the bottom 16
381-bunk bed; 17
382- (8) Access to mental health profess ionals; 18
383- (9) Sanitary materials; 19
384- (10) Postpartum recovery, including that no such 20
385-offender shall be placed in isolation during such recovery; 21
386-and 22
387- (11) A requirement that a female medical professional 23
388-be present during any examination of such offender. 24
389- 2. As used in this section, "postpartum recovery" 25
390-means, as determined by a physician, the period immediately 26
391-following delivery, including the entire period an offender 27
392-who was pregnant is in the hospital or infirmary after 28
393-delivery. 29
394- 550.320. 1. As used in this section, the following 1
395-terms mean: 2
396325 (1) "Department", the department of corrections o f the 3
397326 state of Missouri; 4
398327 (2) "Jail reimbursement", a daily per diem paid by the 5
399328 state for the reimbursement of time spent in custody. 6
400329 2. Notwithstanding any other provision of law to the 7
401330 contrary, whenever any person is sentenced to a term o f 8
402-imprisonment in a correctional center, the department shall 9 SS SB 50 13
331+imprisonment in a correctional center, the department shall 9
403332 reimburse the county or city not within a county for the 10
404333 days the person spent in custody at a per diem cost, subject 11
405334 to appropriation, but not to exceed thirty -seven dollars and 12
406335 fifty cents per day per offender. The jail reimbursement 13
407336 shall be subject to review and approval of the department. 14
408337 The state shall pay the costs when: 15
409338 (1) A person is sentenced to a term of imprisonment as 16
410339 authorized by chapter 558; 17
411- (2) A person is sentenced pursuant to section 559.115; 18
340+ (2) A person is sentenced pursuant to section 559.115; 18 SB 50 11
412341 (3) A person has his or her probation or parole 19
413342 revoked because the offender has, or allegedly has, violated 20
414343 any condition of the offender's probation or parole, and 21
415344 such probation or parole is a consequence of a violation of 22
416345 the law, or the offender is a fugitive from the state or 23
417346 otherwise held at the request of the department regardless 24
418347 of whether or not a warrant has been issued; or 25
419348 (4) A person has a period of detention imposed 26
420349 pursuant to section 559.026. 27
421350 3. When the final determination of any criminal 28
422351 prosecution shall be such as to render the state liable for 29
423352 costs under existing laws, it shall be the duty of the 30
424353 sheriff to certify to the clerk of the county or the chief 31
425354 executive officer of the city not within a county the total 32
426355 number of days any offender who was a party in such case 33
427356 remained in the jail. It shall then be the duty of the 34
428357 county clerk or the chief executive officer of the city not 35
429358 within a county to submit the total number of days spent in 36
430359 custody to the department. The county clerk or chief 37
431360 executive officer of the city not within a county may submit 38
432361 claims to the department, no later than two years from the 39
433-date the claim became eligible for reimbursement. 40 SS SB 50 14
362+date the claim became eligible for reimbursement . 40
434363 4. The department shall determine if the expenses are 41
435364 eligible pursuant to the provisions of this chapter and 42
436365 remit any payment to the county or city not within a county 43
437366 when the expenses are determined to be eligible. The 44
438367 department shall est ablish, by rule, the process for 45
439368 submission of claims. Any rule or portion of a rule, as 46
440369 that term is defined in section 536.010, that is created 47
441370 under the authority delegated in this section shall become 48
442371 effective only if it complies with and is subj ect to all of 49
443-the provisions of chapter 536 and, if applicable, section 50
372+the provisions of chapter 536 and, if applicable, section 50 SB 50 12
444373 536.028. This section and chapter 536 are nonseverable and 51
445374 if any of the powers vested with the general assembly 52
446375 pursuant to chapter 536 to review, to delay the effective 53
447376 date, or to disapprove and annul a rule are subsequently 54
448377 held unconstitutional, then the grant of rulemaking 55
449378 authority and any rule proposed or adopted after August 28, 56
450379 2025, shall be invalid and void. 57
451380 [221.105. 1. The governing body of an y 1
452381 county and of any city not within a county shall 2
453382 fix the amount to be expended for the cost of 3
454383 incarceration of prisoners confined in jails or 4
455384 medium security institutions. The per diem cost 5
456385 of incarceration of these prisoners chargeable 6
457386 by the law to the state shall be determined, 7
458387 subject to the review and approval of the 8
459388 department of corrections. 9
460389 2. When the final determination of any 10
461390 criminal prosecution shall be such as to render 11
462391 the state liable for costs under existing laws, 12
463392 it shall be the duty of the sheriff to certify 13
464393 to the clerk of the circuit court or court of 14
465394 common pleas in which the case was determined 15
466395 the total number of days any prisoner who was a 16
467396 party in such case remained in the county jail. 17
468397 It shall be the duty of the county commission to 18
469398 supply the cost per diem for county prisons to 19
470-the clerk of the circuit court on the first day 20 SS SB 50 15
399+the clerk of the circuit court on the first day 20
471400 of each year, and thereafter whenever the amount 21
472401 may be changed. It shall then be the duty of 22
473402 the clerk of the court in which the case was 23
474403 determined to include in the bill of cost 24
475404 against the state all fees which are properly 25
476405 chargeable to the state. In any city not within 26
477406 a county it shall be the duty of the 27
478407 superintendent of any facility boarding 28
479408 prisoners to certify to the chief executive 29
480409 officer of such city not within a county the 30
481410 total number of days any prisoner who was a 31
482411 party in such case remained in such facility. 32
483412 It shall be the duty of the superintendents of 33
484-such facilities to supply the cost per diem to 34
413+such facilities to supply the cost per diem to 34 SB 50 13
485414 the chief executive officer on the first day of 35
486415 each year, and thereafter whenever the amount 36
487416 may be changed. It shall be the duty of the 37
488417 chief executive officer to bill the state all 38
489418 fees for boarding such prisoners which are 39
490419 properly chargeable to the state. The chief 40
491420 executive may by notification to the department 41
492421 of corrections delegate such responsibility to 42
493422 another duly sworn official of such city not 43
494423 within a county. The clerk of the court of any 44
495424 city not within a county shall not inclu de such 45
496425 fees in the bill of costs chargeable to the 46
497426 state. The department of corrections shall 47
498427 revise its criminal cost manual in accordance 48
499428 with this provision. 49
500429 3. Except as provided under subsection 6 50
501430 of section 217.718, the actual costs char geable 51
502431 to the state, including those incurred for a 52
503432 prisoner who is incarcerated in the county jail 53
504433 because the prisoner's parole or probation has 54
505434 been revoked or because the prisoner has, or 55
506435 allegedly has, violated any condition of the 56
507436 prisoner's parole or probation, and such parole 57
508437 or probation is a consequence of a violation of 58
509438 a state statute, or the prisoner is a fugitive 59
510439 from the Missouri department of corrections or 60
511440 otherwise held at the request of the Missouri 61
512441 department of corrections re gardless of whether 62
513442 or not a warrant has been issued shall be the 63
514-actual cost of incarceration not to exceed: 64 SS SB 50 16
443+actual cost of incarceration not to exceed: 64
515444 (1) Until July 1, 1996, seventeen dollars 65
516445 per day per prisoner; 66
517446 (2) On and after July 1, 1996, twenty 67
518447 dollars per day per prisoner ; 68
519448 (3) On and after July 1, 1997, up to 69
520449 thirty-seven dollars and fifty cents per day per 70
521450 prisoner, subject to appropriations. 71
522451 4. The presiding judge of a judicial 72
523452 circuit may propose expenses to be reimbursable 73
524453 by the state on behalf of one or more of the 74
525454 counties in that circuit. Proposed reimbursable 75
526455 expenses may include pretrial assessment and 76
527456 supervision strategies for defendants who are 77
528-ultimately eligible for state incarceration. A 78
457+ultimately eligible for state incarceration. A 78 SB 50 14
529458 county may not receive more than its share of 79
530459 the amount appropriated in the previous fiscal 80
531460 year, inclusive of expenses proposed by the 81
532461 presiding judge. Any county shall convey such 82
533462 proposal to the department, and any such 83
534463 proposal presented by a presiding judge shall 84
535464 include the documented agre ement with the 85
536465 proposal by the county governing body, 86
537466 prosecuting attorney, at least one associate 87
538467 circuit judge, and the officer of the county 88
539468 responsible for custody or incarceration of 89
540469 prisoners of the county represented in the 90
541470 proposal. Any county that declines to convey a 91
542471 proposal to the department, pursuant to the 92
543472 provisions of this subsection, shall receive its 93
544473 per diem cost of incarceration for all prisoners 94
545474 chargeable to the state in accordance with the 95
546475 provisions of subsections 1, 2, a nd 3 of this 96
547476 section.] 97
548477 Section B. Because of the immediate need for new and 1
549478 enhanced jail facilities in the state of Missouri, the 2
550479 repeal and reenactment of sections 221.400, 221.402, 3
551480 221.405, 221.407, and 221.410 of this act is dee med 4
552481 necessary for the immediate preservation of the public 5
553482 health, welfare, peace, and safety, and is hereby declared 6
554-to be an emergency act within the meaning of the 7 SS SB 50 17
483+to be an emergency act within the meaning of the 7
555484 constitution, and the repeal and reenactment of sections 8
556485 221.400, 221.402, 221.405, 221.407, and 221.410 of this act 9
557486 shall be in full force and effect upon its passage and 10
558487 approval. 11
559488